Search and Seizure
Rules for Arrest
- probable cause
- warrant if in own home
Search Incident to Lawful Arrest (person and vehicle)
*arrest and search must be contemporaneous*
Person: police may search the arrestee and anywhere in their wingspan they could access to grab a weapon or destroy evidence
Vehicle: (1) arrestee is unsecured and still may gain access to the vehicle's interior or (2) police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle
6th Amendment Right to Counsel
- applies at all critical stages of the prosecution
- attaches when adversary judicial proceedings begin
- offense specific
Fruit of the Poisonous Tree Doctrine Exceptions
- independent source
- attenuation (intervening act or circumstnace)
- inevitable discovery by police
- live witness testimony
- in court identification
- good faith reliance on a defective search warrant
- use of evidence to impeach
When Jeopardy Attaches and Exceptions Permitting Retrial
Attaches:
- jury trial: jury empaneled and sworn
- bench trial: first witness sworn
- juvenile proceedings: commencement of proceeding
Exceptions:
- hung jury
- mistrial for manifest necessity to abort original trial
- retrial after successful appeal
Rules for Investigatory Detentions
- Requires reasonable suspicion supported by articulable facts
- informer's tips must be accompanied by indicia or reliability
- police must act in a diligent and reasonable manner in confirming or dispelling their suspicion
Automobile Exception
- probable cause to believe vehicle contains contraband or fruits, instrumentalities, or evidence of a crime
- may search anywhere that the item sought could be found
Remedy for 6th Amendment Right to Counsel Violations
At trial: automatic reversal
Other proceedings: harmless error test
Defendant's Rights at Trial
1. public trial
2. right to jury (minimum of 6 w/ unanimous verdict)
3. right to counsel
4. right to confront witnesses
Competency (standard, timing, and burden)
Standard:at time of trial, defendant isn't competent if:
(1) lacks rational and factual understanding of the charges and proceedings OR
(2) lacks ability reasonably to consult with lawyer
Timing:at time of trial (insanity is at the time of the crime
Burden: may be placed on the defendant (anyone know what the burden of proof actually is?)
General Rule on Automobile Stops
Need reasonable suspicion that a law has been violated
Plain View
1) legitimately on premises
2) discover contraband or fruits, instrumentalities, or evidence of a crime
3) nature of item is readily apparent
4) item is in plain view
Elements (and definitions) of When Miranda Applies
Custody:a reasonable person under the circumstances would not feel free to terminate interrogation and leave AND the environment is inherently coercive
Interrogation: police words or conduct designed to elicit an incriminating response
Reasons for a Plea to be Set Aside
- involuntary
- lack of jurisdiction
- ineffective assistance of counsel;
- prosecutor fails to keep plea bargain
Failure of Prosecutorial Disclosure Duties Violates Due Process If:
1) evidence is favorable to the defendant AND
2) there is a reasonable probability trail result would have been different if undisclosed evidence had been presented at trial
Standing to Object
The defendant has a reasonable expectation of privacy in the place searched or it is a physical intrusion into one's own constitutionally protected area
Reasonable expectation of privacy in:
- places they own
- their home
- a place where they are at least an overnight guest
Stop and Frisk
- articulable and reasonable suspicion for stop
- reasonable belief that the detainee is armed and dangerous
- pat down is limited to outer clothes
- may seize anything that by plain feel is a weapon or contraband
Reinitiating Question After Invoking 5th Amendment Right to Counsel
- defendant may voluntarily reinitiate questioning
- prohibition against questioning lasts for 14 days after defendant returns to normal life
Ineffective Assistance Claims
1) deficient performance
2) but for deficiency, result of proceeding would have been different
Crimes/Who is the Death Penalty Invalid For
- for rape (feel like this shouldn't be the case but whatever)
- if defendant is insane
- if defendant is intellectually disabled
- if defendant was younger than 18 when crime was committed
Warrant Requirements (and what makes it invalid)
- based on probable cause to believe that seizable evidence will be found in the place searched;
- describe with particularity the place to be searched or the items to be seized;
- issued by neutral and detached magistrate
Invalid if based on (1) a false statement (2) that was intentionally or recklessly included (3) and that was material to the finding of probable cause
Evanescent Evidence
Evidence that's likely to disappear before warrant can be obtained
How to Invoke 5th Amendment at Trial (defendant and witnesses)
Defendant: refuse to testify
Witness: take stand and invoke privilege question-by-question
Evidence/Proceedings Outside the Scope of the Fruit of the Poisonous Tree Doctrine
- grand jury proceedings
- civil proceedings
- evidence obtained in violation of state law or internal agency rules
- parole-revocation proceedings
Proper Execution of Search Warrant
1. without unreasonable delay
2. knock and announce (unless officers or evidence would be endangered)
3. person or place searched or seized within the scope of the warrant